29 CFR § 785.40 - When private automobile is used in travel away from home community.

---
identifier: "/us/cfr/t29/s785.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 785.40 - When private automobile is used in travel away from home community."
title_number: 29
title_name: "Labor"
section_number: "785.40"
section_name: "When private automobile is used in travel away from home community."
chapter_name: "WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR"
subchapter_number: "B"
subchapter_name: "STATEMENTS OF GENERAL POLICY OR INTERPRETATION NOT DIRECTLY RELATED TO REGULATIONS"
part_number: "785"
part_name: "HOURS WORKED"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "52 Stat. 1060; 29 U.S.C. 201-219; 29 U.S.C. 254. Pub. L. 104-188, 100 Stat. 1755."
regulatory_source: "26 FR 190, Jan. 11, 1961, unless otherwise noted."
cfr_part: "785"
---


# 785.40 When private automobile is used in travel away from home community.

If an employee is offered public transporation but requests permission to drive his car instead, the employer may count as hours worked either the time spent driving the car or the time he would have had to count as hours worked during working hours if the employee had used the public conveyance.